(A) Persons who are responsible parties in connection with a hazardous materials emergency shall reimburse an emergency response agency of the city for all reasonable and necessary expenses incurred by the emergency response agency in taking emergency action. Reimbursement shall be available under this section for expenses that are incurred by the emergency response agency in taking the emergency action, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials. Reimbursement for expenses is not available under this section if those expenses may be reimbursed by the federal government under Section 123 of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9623.
(B) An emergency response agency of the city may obtain reimbursement under division (A) of this section by filing an action for reimbursement in a court of general jurisdiction of the county in which a hazardous materials emergency arose.
(C) As a precondition to the filing of any such action, the city shall first serve a written notice on the responsible party making demand for the reimbursement and setting out the amount thereof. A reimbursement action shall not be filed until the expiration of 60 days from the date notice is mailed to the responsible party. Service by certified or registered mail to the last known address of the responsible party shall be sufficient to meet the requirements of this section.
(D) Any reimbursement costs which remain unreimbursed at the end of the 60 day period set out in division (C) of this section shall become subject to an enforcement action as provided herein.
(E) In addition to liability for non-payment of reimbursement costs, failure to pay the same within the 60 day period above referenced shall also render the responsible party liable to fines as hereinafter provided.
(Ord. 6140, passed 10-25-99)